Federal Court Litigation

Litigation in federal court requires special skills and experience. The temperament and pace of litigation in federal court is generally different from that in state court. By this nature, federal cases involve significant financial stakes or complex federal law issues. At Shumaker, our federal court litigators have both the substantive knowledge and technical skill required for success in federal litigation.

Our federal court litigators regularly appear before the U.S. District Courts of Florida, Michigan, North Carolina and Ohio. Several are former law clerks to district court judges. Many of our federal court litigators also interact with the federal judges at seminar presentations and on local bar committees. These experiences enable us to achieve results for our clients.

Many times, our federal litigators have pursued significant federal issues and established new law in both the district courts and the Circuit Courts of Appeal. Our federal litigators have frequently participated in high-stakes business disputes and cases resulting in published opinions in litigation involving the Employee Retirement Income Security Act (ERISA), the Commodity Exchange Act (CEA), the Americans With Disabilities Act (ADA), the Racketeer Influenced and Corrupt Organizations Act (RICO), the Bankruptcy Code, the Lanham Act and the Copyright Act.

In addition to these areas, our litigators also have experience with claims involving the following federal laws:

  • The Petroleum Marketing Practices Act
  • The Sherman Act, Clayton Act and Robinson-Patman Act
  • The 1933 and 1934 Securities Acts
  • Constitutional claims arising under the Bill of Rights including the 1st Amendment
  • The Federal Rehabilitation Act
  • The Family Medical Leave Act
  • Motor and rail carrier claims arising under federal statutes and regulations
  • The Social Security Act
  • Civil Rights Acts

Our experience and breadth of knowledge allows us to sit down with our clients facing the prospect of federal litigation, evaluate the issues, map out and execute a strategy, and achieve results that are significant and beneficial for our clients in an economical and efficient manner.


News Releases

Blogs

11.27.2014Nearly a year into clemency initiative, turkeys remain more likely to get Prez Obama pardon than people
11.27.2014Senator Rand Paul links Ferguson tragedy to harms of the modern drug war
11.26.2014Some unusual suspects working to stop Texas from executing mentally ill condemned murderer
11.26.2014"The Neuroscientific Case Against Retributive Justice"
11.25.2014Pleased to see Marijuana Law, Policy & Reform make the ABA's Blawg 100
11.25.2014USSC Chair's discussion of "A Generational Shift for Drug Sentences" now in print
11.25.2014Rounding up some blogsphere reactions to events in Ferguson
11.25.2014Can and should out-going Maryland Gov commute death sentences to ensure LWOP after state's capital repeal?
11.25.2014"Did Marijuana Kill Michael Brown?"
11.24.2014"Will Texas Kill an Insane Man?"
11.23.2014Interesting look at California's Proposition 47 and undoing collateral consequences
11.23.2014"On Life Support: Public Health in the Age of Mass Incarceration"
11.23.2014Reviewing the potential and pitfalls in a notable problem-solving court in NYC
11.22.2014Notable comments from AAG about Justice Reinvestment
11.21.2014Significant sentencing reform afoot in Michigan
11.21.2014Unpacking why DOJ is so concerned about federal prison populations and its costs
11.21.2014Ohio and Utah moving forward with distinct fixes for lethal injection drug problems
11.21.2014"'Power and Greed and the Corruptible Seed': Mental Disability, Prosecutorial Misconduct, and the Death Penalty"
11.20.2014"Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law"
11.20.2014"The Racist Origins of Felon Disenfranchisement"
11.20.2014Hoping to help Kickstart a notable new death penalty documentary
11.19.2014Missouri completes ninth execution of 2014
11.19.2014Massachusetts special commission urges repeal of all drug mandatory minimums
11.19.2014"Death, Desuetude, and Original Meaning"
11.19.2014Some recent highlights from Marijuana Law, Policy and Reform
11.18.2014"Does Prison Privatization Distort Justice? Evidence on Time Served and Recidivism"
11.18.2014Investigation reveals "mandatory" Minnesota gun sentence not imposed in majority of cases
11.18.2014Marshall Project investigation, "Death by Deadline," looks at capital appeals impact of AEDPA
11.18.2014Wonderful new on-line resource, Collateral Consequences Resource Center, now available
11.18.2014"Criminal Sentencing Reform: A Conversation among Conservatives"
11.18.2014Ninth Circuit upholds injunction, on First Amendment grounds, blocking California law requiring sex offenders to report report online activities
11.17.2014The Marshall Project gets AG Holder to talk about his criminal justice reform work
11.17.2014"Death Penalty Drugs and the International Moral Marketplace"
11.16.2014Does latest FBI report of crime's decline provide still more support for lead-exposure-crime link?
11.16.2014"The Quiet Army: Felon Firearms Rights Restoration in the Fourth Circuit"
11.15.2014Examining Crawford after a decade
11.14.2014Florida finally completes execution 22 years after murderer's horrific crime
11.14.2014"'I Expected It to Happen/I Knew He'd Lost Control': The Impact of PTSD on Criminal Sentencing after the Promulgation of DSM-5"
11.14.2014NY Times debates "Parole When Innocence Is Claimed"
11.14.2014Notable new AG Holder comments on reducing crime rates and incarceration levels
11.14.2014Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication
11.13.2014Federal judge wonders if marijuana sentencing should be impacted by state reforms
11.13.2014Split South Carolina Supreme Court declares Miller retroactive AND applicable to state's nonmandatory LWOP sentencing scheme
11.12.2014"A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle"
11.11.2014Highlighting that George Soros and the Koch Brothers agree on the need for criminal justice reform
11.11.2014New York City mayor announces new policy concerning marijuana enforcement
11.11.2014Notable past remarks by AG-nominee Lynch on criminal justice reform to the Convention on the Elimination of Racial Discrimination
11.11.2014Legislation to get Ohio back on track with lethal injections being fast-tracked
11.10.2014Minnesota judges say we must admit "we have a problem with race" in the criminal justice system
11.10.2014Federal prosecutors righteously undo convictions based on FBI agent's misdeeds
11.10.2014Huzzah, Huzzah... all crime goes down again in 2013 according to new FBI data
11.10.2014"Why Are There Up to 120,000 Innocent People in US Prisons?"
11.09.2014Florida Supreme Court dealing with Miller retroactivity issue after legislative fix
11.09.2014"Aging Prisoners Shackle State Budgets"
11.08.2014"We should stop putting women in jail. For anything."
11.08.2014Prez Obama selects Loretta Lynch to replace Eric Holder as US Attorney General
11.07.2014After state's capital repeal, Maryland AG argues the state cannot execute those already on death row
11.07.2014ACLU to devote $50 million to political efforts to attack mass incerceration
11.07.2014Guest SCOTUS argument analysis: "Fish are apparently funny . . . and other quick thoughts on Yates"
11.06.2014"After the Cheering Stopped: Decriminalization and Legalism's Limits"
11.06.2014Based on questions asked at SCOTUS oral argument, wins predicted for federal defendants in Johnson and Yates
11.06.2014New California report finds many challenges in sex offender monitoring
11.06.2014Impact of California's Prop 47 already being felt ... by defense attorneys and police
11.06.2014How might election results (and subsequent sparring) impact Prez Obama's clemency plans?
11.05.2014Is major federal sentencing reform possible now that Republicans have full control of Congress?
11.05.2014Awaiting results from the Last Frontier, marijuana reform initiatives getting majority support
11.05.2014California sentencing reform initiative Prop 47 wins big getting almost 60% support
11.05.2014"Fish, Shotguns and Judicial Activism"
11.05.2014How might election results impact replacing Eric Holder as Attorney General?
11.05.2014What does Rep-elect Mia Love, the new most-interesting person in Congress, think about sentencing reform and the federal drug war?
11.04.2014SCOTUS hears argument in two notable federal criminal justice cases this week
11.04.2014"Profiles in Probation Revocation: Examining the Legal Framework in 21 States"
11.04.2014Will Election 2014 speed up or slow down the marijuana reform movement?
11.04.2014US District Judge Kopf reports on retroactive implementation of new reduced federal drug guidelines in Nebraska
11.04.2014Terrific SCOTUSblog previews of this week's SCOTUS arguments in Johnson and Yates
11.03.2014Interesting review of the (too cautious?) work of California's Attorney General
11.03.2014Judge Rakoff highlights prosecutorial sentencing power in explaining "Why Innocent People Plead Guilty"
11.03.2014"Narcotics Prosecutors as Problem Solvers"
11.03.2014Arguing for releasing all drug prisoners and reparations to "right the drug war's wrongs"
11.03.2014Why I believe criminal justice reform is on the ballot this year ... and reflected in anti-Obama sentitments
11.02.2014Following-up in Maryland after court rules some sex offenders not subject to new registration requirements
11.02.2014"Crashing the Misdemeanor System"
11.01.2014Notable account of all the advocacy and interests surrounding California's Prop. 47
11.01.2014Documenting modern state investments in schools and prisons
10.31.2014"Shrinking Prisons: Good Crime-Fighting and Good Government"
10.31.2014New reduced federal drug sentencing guidelines about to become official
10.30.2014Notable criticism of Pope's advocacy against LWOP and "nurturing mommy" approach to government
10.30.2014"Physicians, Medical Ethics, and Execution by Lethal Injection"
10.30.2014New York Times editorial makes the case for California's Prop 47
10.29.2014Is the death penalty really dying a slow death . . . in Texas?!?
10.29.2014Federal judge (improperly?) delays imposing max sentence on fraudster to allow time to consider withdrawal of plea
10.28.2014Notable pitch for California Prop 47 based in mental health concerns
10.28.2014Back from dead, fugitive fraudster gets 30 years in federal pen
10.28.2014BJS releases latest official data on adult offenders on probation or parole
10.27.2014Interesting analysis of how summer impacts crime rates
10.27.2014"Truth, Justice, and the American Style Plea Bargain"
10.27.2014Notable new Cato working paper examines "Marijuana Policy in Colorado"
10.27.2014Prosecutors in South Africa indicate they plan to appeal Pistorius outcome
10.27.2014Two condemned New Mexico murderers left behind after death penalty repeal seek relief from NM Supreme Court
10.26.2014Media coalition sues Arizona on First Amendment grounds seeking more info on executions
10.26.2014More drug war collateral damage: "Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required"
10.25.2014Due to Alleyne, Kansas Supreme Court requires resentencing of murderer of abortion provider
10.25.2014"Jury Says Castrated Sex Offender Should Be Freed"
10.24.2014Split Minnesota Supreme Court rules lenient sentence in rape case was abuse of discretion
10.24.2014ACLU flies suit against Florida county's latest sex offender residency restrictions
10.24.2014Unpacking the reasons given for public support and opposition to the death penalty
10.24.2014Election season round-up of posts on pot politics from Marijuana Law, Policy and Reform
10.23.2014"The Death Penalty's 'Finely Tuned Depravity Calibrators': Fairness Follies of Fairness Phonies Fixated on Criminals Instead of Crimes"
10.23.2014Graphic representation of female prisoners around the world
10.23.2014Gallup polling shows "Americans' Support for Death Penalty Stable"
10.23.2014Pope Francis now advocating for total abolition of LWOP sentences as well as the death penalty
10.23.2014"How Changes in American Culture Triggered Hyper-Incarceration: Variations on the Tazian View"
10.22.2014Seventh Circuit affirms stat-max 90-year sentence for child molester despite ugly childhood
10.22.2014Does new DOJ appointee want to decriminalize all drug possession ... and would that be so bad?
10.21.2014Bladerunner Oscar Pistorius sentenced to five years in prison for killing girlfriend
10.21.2014Arizona prosecutors getting started at second (costly) run at death sentence for Jodi Arias
10.21.2014Koch Industries give "major grant" to NACDL to help with indigent defense
10.21.2014"Skewed Justice: Citizens United, Television Advertising and State Supreme Court Justices' Decisions in Criminal Cases"
10.20.2014"Why Did the Supreme Court Sidestep Sentencing Dispute?"
10.20.2014SCOTUS order list gets week off to exciting start for criminal justice fans
10.20.2014New top Justice in Massachusetts urges repeal of mandatory minimums for low-level drug offenders
10.19.2014Reviewing concerns about the efficacy and fairness of sex offender registried
10.19.2014Reviewing Alabama's (somewhat successful) use of sentencing guidelines to reduce prison growth
10.19.2014"Good Conduct Time for Prisoners: Why (and How) Wisconsin Should Provide Credits Toward Early Release"
10.19.2014Judicial misconduct complained against Fifth Circuit Judge Jones based on provocative death penalty speech dismissed
10.18.2014With DAG James Cole also stepping down, new appointments will remark DOJ
10.17.2014ProPublica urges next AG to "Fix Presidential Pardons"
10.17.2014"Cities Look for Ways to Get Free of Empty Jails"
10.16.2014Will Eric Holder still be Attorney General well into 2015?
10.16.2014"Risk and Needs Assessment: Constitutional and Ethical Challenges"
10.16.2014Author John Grisham says "we've gone nuts with this incarceration" of child porn downloaders
10.16.2014"Is Hillary Clinton ready for marijuana's 2016 push?"
10.15.2014"Elevating Substance Over Procedure: The Retroactivity of Miller v. Alabama Under Teague v. Lane"
10.14.2014Three Justices dissent from denial of certiorari in Jones/Ball acquitted conduct case
10.14.2014Does the Constitution limit the age at which a juve killer can be tried as an adult?
10.14.2014"Could firing squad make a comeback in Utah, elsewhere?"
10.14.2014Refusing to take up acquitted punishment, passive virtues, SCOTUS reputation, and cert-denial-deal speculation
10.14.2014AG Eric Holder officially says federal prosecutors should no longer require defendants to "waive their right to bring future claims of ineffective assistance of counsel"
10.13.2014"Confronting Cognitive 'Anchoring Effect' and 'Blind Spot' Biases in Federal Sentencing: A Modest Solution for Reforming a Fundamental Flaw"
10.13.2014Noting how politicians can be pro-life and pro-death (penalty) in Texas
10.13.2014"Will Oscar Pistorius serve any prison time for killing Reeva Steenkamp?"
10.13.2014Oklahoma AG requests additional delay before state gets back to executions
10.12.2014Documenting a notable California legal crusade against sex offender restrictions
10.10.2014Oklahoma has impressive early success with revised earned credit program
10.10.2014Wyoming Supreme Court joins group deciding SCOTUS Miller ruling is retroactive
10.09.2014"Fifteen Years of Supreme Court Criminal Procedure Work: Three Constitutional Brushes"
10.09.2014Texas succeeds with new laws intended to disrupt school-to-prison pipeline
10.09.2014New survey shows significant and growing support for "eliminating mandatory minimum prison sentences for nonviolent offenders"
10.08.2014Rolling Stone laments enduring casualties of drug war's mandatory minimums
10.08.2014Criticizing the tenure of AG Eric Holder based on the death penalty as a human rights issue
10.08.2014Distinctive religious perspective on the drug war for the season
10.08.2014Ninth Circuit panel chastises prosecutors for breaching "fast-track" plea agreement
10.07.2014"Trial Bargaining"
10.07.2014Arkansas deputy AG cut to pieces while trying to defend prison beard-cutting policies
10.06.2014Previewing some of the high-profile criminal cases on the SCOTUS docket
10.06.2014Highlighting and lamenting the too potent powers of prosecutors
10.06.2014SCOTUS keeps rejecting important follow-up Graham and Miller issues
10.06.2014SCOTUS summarily reverses Ninth Circuit habeas grant on AEDPA deference grounds
10.06.2014Reviewing California's debate over lowering sentences through Prop 47
10.06.2014Trying not to get too excited about SCOTUS relist in Jones/Ball acquitted conduct case
10.05.2014Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'"
10.05.2014Could we reduce recidivism with tattoo removal prison programming?
10.03.2014Should advocates of federal criminal justice reform be rooting for Republicans to take control of Senate?
10.03.2014"The Future of Juvenile Appeals in the United States"
10.03.2014SCOTUS preview guest-post: "Measuring the Dangerousness of Felonies for Sentencing Purposes"
10.02.2014SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suits
10.02.2014Intriguing new research on criminal justice impact of distinct marijuana reforms
10.02.2014Notable new empirical research on citizenship's impact on federal sentencing
10.02.2014Up and down the east coast, notable white-collar federal sentencings
10.02.2014"Ineffective Assistance of Counsel Before Powell v. Alabama: Lessons from History for the Future of the Right to Counsel"
10.01.2014What should be made of the tough prosecution/punishment trend for animal abuse?
10.01.2014"The Curious Disappearance of Sociological Research on Probation Supervision"
10.01.2014Peculiar (judicial?) screed against evidence-based sentencing "fad" based on the "need to be realistic"?!!?
10.01.2014This is your federal sentencing data on drugs (after the minus-2 amendment)
10.01.2014"Prison bankers cash in on captive customers: Inmates' families gouged by fees"
10.01.2014More proof of ________?: violent crime hits historic lows in crazy California
09.30.2014"A Plea for Funds: Using Padilla, Lafler, and Frye to Increase Public Defender Resources"
09.30.2014Reviewing how death is different (but still being used) in Japan
09.30.2014Making the full case for Mitt Romney, drug czar
09.30.2014Ohio AG puts onus on Ohio legislature to reboot state's machinery of death
09.29.2014"Mitigating Foul Blows"
09.29.2014Rooting for acquitted conduct petition grant from SCOTUS long conference
09.29.2014District Court embraces as-applied Second Amendment limit on federal felon-in-possession prohibtion
09.29.2014Notable new AG Holder memorandum on charging policies and plea negotiations
09.28.2014Another round of highlights from Marijuana Law, Policy and Reform
09.27.2014Teacher resentenced to 10 years in notorious Montana rape case
09.27.2014Arizona poised to take second (costly) run at death sentence for Jodi Arias
09.26.2014Louisiana legislative commission looking closely at capital case costs
09.26.2014"Hall v. Florida: The Death of Georgia's Beyond a Reasonable Doubt Standard"
09.26.2014Could (and should) AG Eric Holder be even bolder on sentencing and drug war reform as a lame duck?
09.25.2014"Does Immigration Enforcement Reduce Crime? Evidence from 'Secure Communities'"
09.25.2014Eric Holder resigning Attorney General position ... next up?
09.24.2014Noting the dynamics and debate over risk-assessments at sentencing
09.24.2014Brennan Center urges new orientation in "Federal Prosecution for the 21st Century"
09.24.2014Absent evidence of threats to humans, is incarceration for five years for animal abuse needed (or helpful)?
09.24.2014"Why Are So Many People Getting Sentenced to Death in Houston?"
09.24.2014Is California's Prop. 47 a "common-sense" or a "radical" reform to the state's criminal laws?
09.24.2014Interesting response from Heritage folks interested in AG Holder's recent sentencing comments
09.23.2014Inititative details and debates over California's Proposition 47 to reduce severity of various crimes
09.23.2014"Banks, Marijuana, and Federalism"
09.23.2014Split NJ Supreme Court holds that state's sex offender GPS tracking is punishment subject to ex post facto limits
09.23.2014High-profile commentator Dinesh D'Souza gets below-guideline probation sentence for violating federal campaign finance laws
09.23.2014Highlights from AG Holder's big speech today at the Brennan Center for Justice
09.22.2014sentencinglaw@gmail.com has indicated you're a friend. Accept?
09.22.2014Serious talk about a serious alternative (nitrogen) to lethal injection in Oklahoma
09.22.2014Sixth Circuit reverses Ponzi scheme sentence because loss calculation failed to credit monies paid out
09.22.2014Brennan Center event on "Shifting Law Enforcement Goals to ​Reduce Mass Incarceration"
09.21.2014Newt Gingrich helps explain "What California can learn from the red states on crime and punishment"
09.21.2014"Under Pressure: The Hazards of Maintaining Innocence after Conviction"
09.20.2014Recent highlights from Marijuana Law, Policy and Reform
09.20.2014Despite the threat of another Plata, a number of states' prisons remain way over capacity
09.19.2014"The Most Senior Wall Street Official: Evaluating the State of Financial Crisis Prosecutions"
09.18.2014Long-incarcerated mass murderer given right to end his life in Belgium
09.18.2014Members of Congress call for federal judge to resign after his domestic violence conviction
09.18.2014"The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options"
09.18.2014BJS reports modest decline in violent and property crimes in 2013
09.17.2014Texas poised to execute a second female murderer in one year
09.17.2014Two folks working on criminal justice issues get MacArthur "genius" Fellowships
09.17.2014"Sentencing and Interbranch Dialogue"
09.17.2014Woman who bought guns for killer gets (way-above-guideline) eight-year federal prison sentence
09.17.2014Seventh Circuit panel seemingly unmoved by feds appeal of probation sentence given to Beanie Babies billionaire
09.17.2014Finding an age-based silver lining — or lead lining — in latest BJS prison data
09.16.2014Terrific collection of materials on-line as USSC's "Annual National Seminar Goes Paperless"
09.16.2014After a few modest yearly declines, state prison population ticks up in 2013 according to new BJS data
09.15.2014Encouragingly, private prison company CCA turning focus to reducing recidivism
09.15.2014"Unbundling Criminal Trial Rights"
09.15.2014Congressional Budget Office reports Smarter Sentencing Act would save federal taxpayers $4.36 billion
09.15.2014Effective commentary on Sixth Circuit panel upholding 15-year ACCA sentence for possession of shotgun shells
09.14.2014Claiming his innocence, convicted Florida murderer requests judge to impose death penalty
09.13.2014Recent posts of special note from "Hercules and the Umpire"
09.12.2014"20 Years Later, Major Crime Bill Viewed As Terrible Mistake"
09.12.2014New Urban Institute report spotlights "graying" of federal prisoners
09.11.2014Despite another round of drug-based appeals, Missouri and Texas both able to complete executions today
09.11.2014Symposium papers on "NSA Surveillance: Security, Privacy, and Civil Liberty"
09.11.2014Sixth Circuit panel finds mandatory 15-year imprisonment term not grossly disproportionate for possession of shotgun shells
09.11.2014"Marijuana, Federal Power, and the States"
09.10.2014Will and should federal judge Mark Fuller get the same professional treatment as Ray Rice?
09.10.2014Group of world leaders call for end to criminal drug war and urges experiment with legalization
09.10.2014"Misdemeanor Decriminalization"
09.10.2014Might all video visitation companies be eager to have prisons and jail prohibition in-person visitation?
09.09.2014Pitching argument to pitch death penalty as failed government policy
09.09.2014Split Third Circuit panel concludes Allenye error can be harmless
09.08.2014Pregame preview of another high-profile insider-trading sentencing in NYC
09.08.2014Intriguing concurring sentiments about federal child porn downloading cases from Judges Noonan and Reinhardt
09.08.2014"The Dilemmas of Excessive Sentencing: Death May Be Different But How Different?"
09.08.2014Former SAC trader Mathew Martoma gets lengthy (but way-below guideline) federal prison term of nine years for insider trading
09.07.2014Editorial laments how some part of Ohio are "addicted to prisons"
09.07.2014"Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies"
09.05.2014"Reducing Guilty Pleas Through Exoneree Compensations"
09.04.2014Oklahoma releases extensive report concerning problems with Lockett execution
09.04.2014"Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining"
09.04.2014Former Virginia Gov McDonnell (and wife) now facing high-profile federal sentencing after jury convictions on multiple charges
09.03.2014Another drug sentencing sign of these political times in Massachusetts
09.03.2014"A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion"
09.03.2014You be the sentencing judge: decades or just years for mistaken home shooting in Detroit? UPDATE: Judge decides decades
09.03.2014New report that Missouri is using controversial execution drug despite claims to the contrary
09.03.2014"Life sentence for buying marijuana?"
09.03.2014Third Circuit panel splits over whether placing child porn in shared folder constitutes distribution
09.02.2014"Rethink sentencing and parole to solve aging, costly prison population"
09.02.2014Noting the halting of executions in Mississippi ... and nationwide in nearly all states
09.01.2014Gendered perspective on Ohio's challenges with opioids and prison growth
09.01.2014Lots more highlights from Marijuana Law, Policy and Reform
08.31.2014Could capital reprieve cost Colorado Gov his office?
08.31.2014"The criminalisation of American business"
08.31.2014"Rational Criminal Addictions"
08.31.2014Shareholders of private prison corporations already profiting from border problems
08.29.2014"Mass Probation: Toward a More Robust Theory of State Variation in Punishment"
08.29.2014Based on additional 3553(a) justifications, Eighth Circuit affirms "profound downward variance to a sentence of probation" in multi-million dollar fraud
08.29.2014New Hampshire Supreme Court rules Miller is substantive and retroactive to prior JLWOP cases
08.28.2014At third federal sentencing, elderly child porn defendant gets one year in prison and lawyer pledges SCOTUS appeal
08.28.2014How should governments approach a product that research suggests reduces overdose deaths, domestic violence and Alzheimer's?
08.27.2014"Brady's Blind Spot: Impeachment Evidence in Police Personnel Files and the Battle Splitting the Prosecution Team"
08.27.2014Drug addiction specialist laments that "our prison system does little more than teach addicts how to be better addicts"
08.27.2014Based on Burrage, split Sixth Circuit panel reverses federal hate crime convictions for Amish beard-cutters
08.27.2014"Rebellion: The Courts of Appeals' Latest Anti-Booker Backlash"
08.26.2014Two positive reports on positive public health results from marijuana reform and use
08.26.2014Though guidelines recommend two years or less, feds request 10-year max for woman who bought guns for killer
08.26.2014Notable federal case impacted by SCOTUS Miller ruling nearly two decades after initial sentencing
08.26.2014Significant Third Circuit ruling on the consequences of a defendant's appeal despite an appeal waiver
08.25.2014Will third time be a charm in federal sentencing of child porn defendant Richard Bistline?
08.25.2014"Clemency and the Unitary Executive"
08.25.2014What's the likely Ninth Circuit timeline for deciding the fate of California's death penalty in Jones v. Chappell?
08.25.2014"Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America"
08.25.2014Is Chicago now providing more support for the claim that more guns means less crime?
08.24.2014Detailing the high cost of an aging prison population in the Palmetto State
08.23.2014Residency restrictions keep NY sex offenders confined after serving their senetence
08.23.2014Perspective on victims' perspectives on the death penalty
08.22.2014Third Circuit finds "reprehensible" conduct regarding victim restitution not grounds for revoking supervised release
08.22.2014"It's Time to Overhaul Clemency"
08.22.2014California Attorney General seeking appeal in Jones v. Chappell capital case
08.22.2014"The Debt Penalty: Exposing the Financial Barriers to Offender Reintegration"
08.21.2014"The Scarlet Letter of the Law: A Place for Shaming Punishments in Arizona"
08.21.2014After Ferguson, can and should marijuana legalization and drug war reform become a unifying civil rights movement?
08.21.2014"Let's reserve costly prison beds for dangerous offenders"
08.21.2014Kentucky Supreme Court affirms that ineffective assistance of counsel waivers in plea agreements are ehtically suspect
08.21.2014Pennsylvania Superior Court upholds (most of) sentence requiring former state Supreme Court Justice to write apology
08.20.2014"15 years without an execution: the death penalty in Pennsylvania"
08.20.2014Detailing the significant increase in California lifers getting parole
08.20.2014Pennsylvania Supreme Court declares $75K mandatory fine constitutionally excessive for $200 theft
08.19.2014Notable new follow-ups to recent ugly executions in Arizona and Ohio
08.19.2014Is an end to the modern drug war the only real way to prevent future Fergusons?
08.19.2014Senator Whitehouse defends risk-assessment tools for some sentencing determinations
08.19.2014"An Empirical Evaluation of the Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, and Geographic Disparities?"
08.19.2014Washington appeals court strikes down sign-holding shaming sanction as statutorily unauthorized
08.18.2014Intriguing account of how Pittsburgh police undermined local crime-fighting efforts
08.18.2014More evidence of the poor funtioning of California's crime-and-punishment policies and practices
08.17.2014Noting a legal mess with sex offender registries that is not ok in OK
08.17.2014"Adverse childhood events: Incarceration of household members and health-related quality of life in adulthood"
08.16.2014Texas Gov Rick Perry facing two felony charges carrying significant mandatory minimum prison terms
08.15.2014Eighth Circuit reverses 20-month sentence for police abuse and perjury as substantively unreasonable
08.15.2014More effective Slate coverage of extremes of (and problems with) sex offender registries
08.15.2014Senator Rand Paul blames ugliness of Ferguson on the ugliness of big CJ government
08.15.2014"Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal"
08.14.2014Alabama federal judge has cases reassigned after his arrest for wife-beating
08.14.2014"How Prisoners' Rights Lawyers are Preserving the Role of the Courts"
08.14.2014US Sentencing Commission finalizes its policy priorities for coming year
08.13.2014"Waking the Furman Giant"
08.13.2014Noting the push for reforming the fraud federal sentencing guidelines
08.12.2014"Sex Offender Laws Have Gone Too Far"
08.12.2014Is preventing ex-prisoners from being homeless the key to preventing recidivism?
08.12.2014Eleventh Circuit finds probation sentence for public corruption substantively unreasonable
08.11.2014Three distinct takes on AG Eric Holder's recent reservations about risk-based sentencing
08.11.2014Federal district judge extends Ohio's death penalty moratorium based on execution challenges to January 2015
08.11.2014Ninth Circuit panel splits over prisoner Sixth Amendment suit about officials reading legal mail
08.10.2014Early data from Colorado suggest teenage use of marijuana is down since legalization
08.10.2014"Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a 'Scientific Stare Decisis'"
08.10.2014Can wine fraudster reasonably whine that his sentence was not reduced given wealth of victims?
08.09.2014"May the government try John Hinckley for James Brady's murder?"
08.08.2014"The High Costs of Low Risk: The Crisis of America's Aging Prison Population"
08.07.2014"Sociology of Prison Life"
08.07.2014Greek priest helps poor inmates buy their way out of Greek prisons
08.06.2014Notable discussion of traffic fatalities in Colorado after marijuana legalization
08.06.2014Another round of heated debate over guilt of executed Cameron Todd Willingham
08.06.2014Conservative Townhall publication provides more signs of modern political sentencing times
08.06.2014Mizzou complete uneventful execution with single dose of pentobarbital
08.06.2014Some sentencing reminders about what stalled in the "do-nothing Congress"
08.05.2014Check your local PBS listings for "15 to Life: Kenneth's Story"
08.05.2014Judge denies Florida sex offender's request to be physically castrated
08.05.2014"The Miller Revolution"
08.05.2014Is Jodi Arias really going to represent herself at her Arizona death penalty retrial?
08.04.2014Significant AG Holder comments asserting severe rigid sentences are not needed to induce cooperation
08.04.2014Will any Justices express any concerns about drug secrecy after third ugly execution?
08.04.2014"Women in the Federal Offender Population"
08.04.2014Sixth Circuit reverses federal forced labor conviction based on ordering kids to do household chores
08.03.2014Round-up some more potent posts from Marijuana Law, Policy and Reform
08.02.2014"Cougar caged: Public sex nets woman, 68, six months in the slammer"
08.02.2014Documenting the high health-care costs of an aging prison population in Oklahoma
08.02.2014"Swift, Certain, and Fair Punishment — 24/7 Sobriety and Hope: Creative Approaches to Alcohol- and Illicit Drug-Using Offenders"
08.01.2014Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
07.31.2014"Attorney General Eric Holder to Oppose Data-Driven Sentencing"
07.31.2014Sixth Circuit panel finds one-day prison sentence unreasonable for white-collar defendant
07.31.2014Making a libertarian case for "Why the Death Penalty Needs to Die"
07.31.2014More potent reviews of criminal justice data via the Washington Post's Wonkblog
07.30.2014"Right on Crime: A Return to First Principles for American Conservatives"
07.30.2014Indiana reforms highlight how sentencing laws impact cops as well as courts
07.30.2014After another ugly execution, will Missouri and Texas have any difficulties keep up monthly execution plans?
07.30.2014Should civilly committed sex offenders get in trouble for watching Game of Thrones?
07.30.2014"The Federal Marijuana Ban Is Rooted in Myth and Xenophobia"
07.29.2014US District Judge Gleeson prods prosecutors to undo stacked gun counts and then praises effort to do justice
07.29.2014"The Injustice of Marijuana Arrests"
07.29.2014Alabama struggling (and facing lawsuits) as sentencing toughness produces overcrowded prisons
07.28.2014"Are Opponents Of The Death Penalty Contributing To Its Problems?"
07.28.2014Fascinating Fourth Circuit split over how federal sentencing problems should inform guideline interpretation
07.27.2014Defender hiccup or major headache for Clemency Project 2014?
07.27.2014"Grace Notes: A Case for Making Mitigation the Heart of Noncapital Sentencing"
07.27.2014Another effective review of how Obamacare could be "an antidote to crime"
07.27.2014New York Times: "on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization"
07.27.2014New York Times: "on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization" of marijuana
07.26.2014Senator Rand Paul and Governor Chris Christine continue to make the case for criminal justice reforms
07.25.2014"After troubled execution in Arizona, Ohio to use same drugs, dosage"
07.25.2014Is Judge Kozinski recent opinion proof that "the death penalty is doomed"?
07.24.2014"There's little evidence that fewer prisoners means more crime"
07.24.2014"Paying for Gideon"
07.24.2014Round-up of posts from Marijuana Law, Policy and Reform
07.24.2014Rep. Ryan's new anti-poverty proposal calls for federal sentencing and prison reforms
07.23.2014Should federal prosecutors be able to read emails sent by prisoners to their lawyers?
07.23.2014"Fewer Prisoners, Less Crime: A Tale of Three States"
07.23.2014After SCOTUS vacates First Amendment stay, Arizona Supreme Court delays execution
07.23.2014After stays vacated, Arizona needs two hours to complete another ugly execution
07.22.2014John Oliver covers the realities of incarceration nation
07.22.2014After Kozinski's candor, what will SCOTUS due about First Amendment stay in Arizona capital case?
07.22.2014"Strictly Taboo: Cultural Anthropology's Insights into Mass Incarceration and Victimless Crime"
07.22.2014Within-guideline sentences remain below 50% according to latest quarterly USSC data
07.22.2014What do you get when you mix a challenge to a local $30 "booking fee" with a lot of very smart federal judges?
07.21.2014Split Ninth Circuit panel stays Arizona execution based on First Amendment (really?!?!) drug secrecy concerns
07.21.2014How many of nearly 50,000 federal prisoners need a lawyer to help with drug sentence reduction efforts? How many will get a lawyer?
07.21.2014"Liberal but Not Stupid: Meeting the Promise of Downsizing Prisons"
07.21.2014Thoughtful Teague-based criticism of the remarkable California capital ruling in Jones v. Chappell
07.20.2014Tragic and personal criminal justice story: the killing of Professor Dan Markel
07.19.2014US Attorney for NJ: "Ex-offenders get time, now they need opportunity"
07.18.2014Furman and randomness (not just delay) at heart of California capital ruling
07.18.2014USSC votes for full (though slightly delayed) retroactivity of new reduced drug guidelines
07.18.2014Split Iowa Supreme Court declares all mandatory juve sentencing terms violate state constitution
07.17.2014"Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends"
07.17.2014Newt Gingrich saying again that "backing sensible and proven reforms to the U.S. criminal-justice system is a valuable conservative cause"
07.17.2014Divided en banc Third Circuit announces new approach to preserving procedural sentencing error claims
07.17.2014Lots of notable discussion of yesterday's notable decision striking down California's death penalty
07.17.2014Huge reduced drug guideline retroactivity decision expected from US Sentencing Commission on 7/18
07.16.2014Latest polling shows rich, white, midwestern guys aged 30-44 most likely to favor pot legalization
07.16.2014"Volunteers for Execution: Directions for Further Research into Grief, Culpability, and Legal Structures"
07.16.2014Federal district judge declares California's death penalty unconstitutional under Eighth Amendment
07.15.2014Careful examination of California's "mixed" record with realignment
07.15.2014Intriguing sparring over victims' rights in Colorado massacre capital case
07.14.2014Are federal drug sentences for mules now too short?
07.14.2014Third Circuit approves forcible medication to enable federal sentencing
07.14.2014Former Rep. (and former felon) Duke Cunningham now says "my Democrat colleagues were right and I was wrong on some issues as far as criminal justice"
07.14.2014Fourth Circuit to reconsider en banc its Whiteside ruling concerning reconsideration of guideline errors in 2255
07.14.2014"Moneyball Sentencing"
07.13.2014"4 Reasons Conservatives Are Embracing Prison Reform"
07.13.2014"An NTSB for Capital Punishment"
07.13.2014USSC Chair reiterates Commission's sentencing reform message to House Judiciary Committee
07.11.2014Second Circuit finds unreasonable probation sentence based on "cost of incarceration"
07.11.2014Some more informed legal buzz about marijuana reform via MLP&R
07.10.2014"The Consequences of Error in Criminal Justice"
07.10.2014Split Michigan Supreme Court rejects retroactivity of Miller for hundreds of juve lifers
07.10.2014Georgia Board of Pardons and Paroles grants execution eve clemency to witness killer
07.09.2014"States Push For Prison Sentence Overhaul; Prosecutors Push Back"
07.09.2014Following the money behind sustaining pot prohibition
07.09.2014Former NOLA mayor Ray Nagin gets 10-year federal prison sentence for corruption
07.08.2014Making a spiritual case for abolishing the death penalty
07.08.2014Even as its prospects dim, Smarter Sentencing Act is impacting federal sentencing proceedings
07.08.2014Notable Third Circuit discussion of revocation of supervised release standards
07.08.2014Senators Paul and Booker introducing another important bipartisan CJ reform bill
07.07.2014Highlighting a notable lacuna in crime statistics
07.07.2014Robert Blecker suggests "5 ways to improve the U.S. death penalty"
07.07.2014Interesting account of guidelines accounting facing former NOLA mayor at upcoming federal sentencing
07.07.2014"Do Residency Bans Drive Sex Offenders Underground?"
07.05.2014High-profile ex-con (who is also an ex-Gov) eager to keep pushing for death penalty abolition
07.05.2014"The Double Edged Sword of Prison Video Visitation: Claiming to Keep Families Together While Furthering the Aims of the Prison Industrial Complex"
07.04.2014Another July 4th open thread seeking comments on liberty and freedom in the USA
07.03.2014Fascinating suggestion of "Mitt Romney for drug czar"
07.03.2014Hawaii legislatively eliminates all juve LWOP sentences for all crimes
07.03.2014"6 Months Later, Legalizing Weed In Colorado Is A Huge Success"
07.02.2014"Into the Breach: The Case for Robust Noncapital Proportionality Review Under State Constitutions"
07.02.2014An (overly?) optimistic account of how GPS technology could "solve" mass incarceration
07.02.2014Another round-up of recent posts of note from Marijuana Law, Policy & Reform
07.01.2014Significant (but unpublished!?!) Sixth Circuit ruling finding Lafler prejudice despite defendant's claims of innocence
07.01.2014Detailing a notable capital punishment surge in the Sunshine State
06.30.2014Yet more ACCA messiness out of Maryland
06.30.2014Two new examinations of white-collar prosecutions and punishment schemes
06.30.2014Could part of Hobby Lobby "havoc" include new RFRA challenges to federal drug laws and their regulatory enforcement?
06.30.2014Ninth Circuit sorts out federal case of CJA payment delayed, then CJA representation denied
06.29.2014Can and should California's enduring CJ problems be blamed on those who've long opposed a state sentencing commission?
06.28.2014Despite ugly execution, Oklahomans still strongly support death penalty
06.28.2014"Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to Apprendi"
06.27.2014Effective review of debate over federal fraud guidelines in preview of another high-profile insider trading sentencing
06.27.2014New York Times op-ed laments Kettle Falls 5 federal marijuana prosecution
06.27.2014"Managing Prisons by the Numbers: Using the Good-Time Laws and Risk-Needs Assessments to Manage the Federal Prison Population"
06.27.2014A 22-year-old driving his parents' RV from Colorado to Wisconsin with $50K, pot and a pit-bull gets pulled over in Nebraska...
06.26.2014"What Is Criminal Restitution?"
06.26.2014Could McCullen's First Amendment scrutiny impact (and strengthen) Second Amendment claims?
06.25.2014New Sentencing Project analysis details states' sluggish response to Miller
06.25.2014Notable SCOTUS consensus that Fourth Amendment requires a warrant for cell phone searches
06.24.2014How SCOTUS Halliburton ruling could have white-collar sentencing echoes
06.24.2014"Forget Sentencing Equality: Moving from the 'Cracked' Cocaine Debate Toward Particular Purpose Sentencing"
06.24.2014Others starting to appreciate "Rand Paul, Criminal Justice Hero"
06.23.2014SCOTUS grants cert to resolve split over reach of statutory bank robbery aggravator
06.23.2014SCOTUS rules against defendant concerning required bank fraud intent in Loughrin
06.23.2014Another account of how ACCA interpretation aggravation endures, this time in Maryland
06.22.2014New York Times editorial laments stalled federal sentencing reform
06.21.2014Citing Windsor, marijuana defendant aggressively attacks federal prosecution
04.21.2014A few headline highlights concerning those celebrating different high holy day
04.21.2014"WWJD? Reform Alabama's horrible criminal sentencing laws"
04.21.2014SCOTUS takes up two criminal cases, including yet another ACCA application question
04.21.2014Is Prez Obama likely to grant clemency to "hundreds, perhaps thousands" of imprisoned drug offenders?
04.20.2014Gov Chris Christie talking up drug sentencing reform as a pro-life commitment
04.19.2014"Blackstone's Curse: The Fall of the Criminal, Civil, and Grand Juries and the Rise of the Executive, the Legislature, the Judiciary, and the States"
04.18.2014Effort to repeal death penalty in New Hampshire falls one vote short
04.18.2014Should Prez Obama create a "Presidential Commission on Mass Incarceration"? Who should be on it?
04.17.2014Another bizarre, sad and fatal case of reefer madness?
04.17.2014"Culpability and Modern Crime"
04.17.2014Big new empirical analysis of federal prosecutorial charging practices
04.16.2014Denver reporting notable 2014 crime reduction since legal pot sales started
04.16.2014"Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders"
04.16.2014Another sign of the modern sentencing times: notable sponsor for "How the Criminal Justice System Impacts Well-Being"
04.16.2014Critical reflections on the Cantu commutation ... aka why some federal prosecutors perhaps deserve to be demonized

Events and Presentations